LAW ENFORCEMENT

We welcome the extension and expansion of critical marijuana policy provisions through September 30 in the proposed fiscal year 2017 omnibus funding legislation.

The decision to reauthorize the Rohrabacher-Blumenauer amendment language illustrates both compassion and common sense when it comes to marijuana policy. Now, the majority of states and over 90 percent of the public approves of the use of marijuana as a medicine and Congress should not stand in the way of these reforms.

Congress deciding to maintain protections for state-sanctioned medical marijuana programs in the era of a Department of Justice being led by Attorney General Jeff Sessions means that patients ailing from conditions that range from cancer to PTSD can breathe a temporary sigh of relief. Once approved, states will be able to continue to service and implement these programs without fear of federal incursion until September 30 of this year.

Yet, this action is only a stopgap measure at best. Ultimately, Congress needs to amend federal law in a manner that comports with the available science, public opinion, and with America’s rapidly changing cultural and legal landscape. Such action includes removing cannabis from the Controlled Substances Act so that states possess the flexibility to engage in their own marijuana regulatory policies how best they see fit.

The text in the omnibus funding legislation is:Page 230 – “SEC. 537. None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, 25 Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Update: Congress passed a one-week continuing resolution to maintain the current federal spending levels with the Rohrabacher-Farr amendment included, meaning state medical marijuana patients and businesses will remain protected from Attorney General Jeff Sessions and the Department of Justice until May 5.

Today is the final day that Congress has to pass a short-term budget to fund the federal government and it’s up to us to make sure that lawmakers reauthorize the Rohrabacher-Farr amendment. This critical amendment stops Jeff Sessions’ Department of Justice from targeting state-sanctioned medical marijuana patients, growers, caregivers, and providers.

Since 2014, members of Congress have passed annual spending bills that have included a provision protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Farr Amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

In December, Congress re-authorized the amendment as part of a short term spending package, House Resolution 2028. This bill extends federal funding through April 28, 2017, at which time the measure — and the Rohrabacher-Farr Amendment — will expire.

According to recently released nationwide survey data, the majority of Americans are on our side. A whopping 93 percent support the medical use of marijuana. Perhaps most importantly, 71 percent of voters — including strong majorities of Democrats, Republicans, and Independents — say that they “oppose the government enforcing federal laws against marijuana in states that have already legalized medical or recreational marijuana.”

A recently released white paper published by the National District Attorneys Association is calling for the federal government to strictly enforce anti-cannabis laws in states that have regulated its production and distribution for either medical or recreational purposes.

The working group, which consists of D.A.s and prosecutors from more than a dozen states (including representatives from adult use states like California and Colorado), hopes to influence the Trump administration to set aside the 2013 Cole memorandum. That memorandum, authored by former US Deputy Attorney General James Cole, directs state prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

“To maintain respect for the rule of law, it is essential that federal drug enforcement policy regarding the manufacture, importation, possession, use and distribution of marijuana be applied consistently across the nation,” the NDAA paper concludes.

Predictably, authors repeat numerous falsehoods about marijuana and marijuana policy in an effort to bolster their call for a federal crackdown. Specifically, authors allege that cannabis damages the brain to a far greater extent than alcohol and that statewide regulations have increased young people’s access to the plant. Both claims are demonstrably false.

The NDAA opines, “[Marijuana] is not like alcohol … because alcohol use does not cause the same type of permanent changes to teens’ ability to concentrate and learn.” Yet, well controlled studies dismiss the contention that cannabis exposure causes permanent structural damage to the brain.

Specifically, a 2015 study assessed brain morphology in both daily adult and adolescent cannabis users compared to non-users, with a particular focus on whether any differences were identifiable in the nucleus accumbens, amygdala, hippocampus, and the cerebellum. Investigators reported “no statistically significant differences … between daily users and nonusers on volume or shape in the regions of interest” after researchers controlled for potentially confounding variables. In contrast to marijuana, researchers acknowledged that alcohol “has been unequivocally associated with deleterious effects on brain morphology and cognition in both adults and adolescents.”

The NDAA further claims, “Legalization of marijuana for medical use and recreational use clearly sends a message to youth that marijuana is not dangerous and increases youth access to marijuana.”

But data from the US Centers for Disease control reports that young people’s access to marijuana has fallen by 13 percent since 2002. The agency further reports, “Since 2002, the prevalence of marijuana use and initiation among U.S. youth has declined” – a finding that is consistent with numerous prior studies.

Moreover, state-specific post-legalization data published in March by the Colorado Department of Public Health concludes: “[M]arijuana use, both among adults and among youth, does not appear to be increasing to date. No change was observed in past 30-day marijuana use among adults between 2014 (13.6 percent) and 2015 (13.4 percent). Similarly, there was no statistically significant change in 30-day or lifetime marijuana use among high school students between 2013 (lifetime: 36.9 percent, 30-day: 19.7 percent) and 2015 (lifetime: 38.0 percent, 30-day: 21.2 percent).” 2016 data compiled by Washington State Department of Social and Health Services similarly finds that “rates of teen marijuana use have remained steady” post legalization.

The National District Attorneys Association is the largest and oldest prosecutor organization in the country. Their mission is to be “the voice of America’s prosecutors and strives to support their efforts to protect the rights and safety of the people in their communities.”

The full text of the their paper, entitled “Marijuana Policy: The State and Local Prosecutors’ Perspective,” is available online here.

Since 2014, the Department of Justice has been prohibited from using taxpayers’ funds to enforce federal anti-marijuana laws in states that regulate its medical use.

But that could all change this week as Congress decides how to fund the federal government for the remainder of this fiscal year.

At issue is a provision known as the Rohrabacher-Farr amendment, which maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” In December, Congress re-authorized the amendment as part of a short term spending package through April 28, 2017, at which time the budget — and the Rohrabacher-Farr Amendment — will expire.

With anti-cannabis zealot Jeff Sessions now heading the Department of Justice, we can’t leave patients across the country and those who supply their medicine vulnerable to a federal crackdown on medical marijuana.

Over 90% of all Americans support the legalization of medical marijuana, according to nationwide polling data published last week. Further, 73 percent of voters oppose federal interference in states that regulate its use. Let’s ensure that these programs and the millions of patients who rely upon them are protected.

Ballot initiative run by local group passes 71 to 29 to end arrests for possession of marijuana

Kansas City, MO – In a blowout victory for sensible criminal justice policy, the voters of Kansas City, Missouri have decided to approve Question 5 and decriminalize marijuana to direct their law enforcement officers to no longer target citizens for possession of the plant and would replace current criminal penalties with just a civil fine.

The measure will amend local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and older from a criminal misdemeanor, previously punishable by up to six months in jail and a $1,000 fine, to a civil offense punishable by a $25 fine — with no arrest made or criminal record imposed.

“We could not be more excited about the positive impact passing Question 5 will bring to the communities of Kansas City. We fought long and hard for this result and could not have done it without the support of our volunteers,” said Jamie Kacz, Executive Director of KC NORML. “The era of reefer madness in Kansas City has come to an end and no longer will otherwise law abiding citizens be targeted or arrested for the mere possession of marijuana.”

This is yet another victory in the march to end the criminalization of marijuana in the United States.

“The passage of this initiative is not just a victory for the people of Kansas City, but for the democratic process,” said Erik Altieri National NORML’s Executive Director, “When concerned citizens stand up, stand together, and fight back against unjust laws, we will win. The overwhelming majority of Americans want to end our nation’s war on marijuana consumers and politicians across the country should take heed of the message voters sent in Missouri: if you don’t reform our marijuana laws through the legislature, we the people will do it for you.”

Nationally, more than 600,000 people a year are arrested for simple marijuana possession alone. These arrests are disproportionately targeted, the ACLU found that the racial disparity in marijuana charges were levied against people over color, by nearly 4 to 1.

“Kansas City now joins the ranks of dozens of cities and states throughout the country that have ended the practice of arresting marijuana consumers,” said Kevin Mahmalji, outreach coordinator for NORML. “We at NORML are incredibly proud of the efforts of Jamie Kacz and her team at KC NORML and thank the voters of Kansas City for bringing a new era of sanity their law enforcement priorities and the overarching movement to end the prohibition of marijuana.”

Kansas City now joins a growing list of cities around the country that have adopted a more pragmatic approach for dealing with marijuana-related offenses on the local level. Houston, Memphis, Nashville, Tampa, Orlando, Milwaukee, Monona, Toledo, Philadelphia, Pittsburgh and several others have decriminalized the possession of small amounts of marijuana.

NORML’s mission is to move public opinion sufficiently to legalize the responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they have access to high quality marijuana that is safe, convenient and affordable.